B. Raghu v. Sundaram Ponnusamy(Deceased),1. S.Vijayalakshmi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025 CORAM :
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP NO.15554 OF 2025 B.Raghu Petitioner / Appellant Vs.
Dr.Sundaram Ponnusamy (Deceased) 1.S.Vijayalakshmi 2.R.Uma Maheswari Respondents 1 and 2 / Respondents 1 and 2 PRAYER: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963 praying to condone the delay of 2147 days in filing the petition to set aside the abatement caused due to the death of the deceased 1st respondent viz., Dr.Sundaram Ponnusamy in the above First Appeal in A.S.No.542 of 2017.
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CMP NO.15556 OF 2025 B.Raghu Petitioner / Appellant Vs.
Dr.Sundaram Ponnusamy (Deceased) 1.S.Vijayalakshmi 2.R.Uma Maheswari Respondents 1 and 2 / Respondents 1 and 2 PRAYER: Civil Miscellaneous Petition filed under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908 praying to set aside the abatement caused due to the death of the deceased 1st respondent viz., Dr.Sundaram Ponnusamy in the above First Appeal in A.S.No.542 of 2017. CMP NO.15557 OF 2025 B.Raghu Petitioner / Appellant Vs.
Dr.Sundaram Ponnusamy (Deceased) 1.S.Vijayalakshmi 2.R.Uma Maheswari Respondents 1 and 2 / Respondents 1 and 2 Page No.2 of 5
PRAYER: Civil Miscellaneous Petition filed under Order XXII Rule 4 of the Code of Civil Procedure, 1908 praying to bring on record Dr.Mrs.Navaneetham Ponnuswaami, wife of Late Dr.Sundaram Ponnusamy, aged about 70 years (2) 4.Dr.P.Hari Vira Vijayakant, Son of Late Dr.Sundaram Ponnusamy, aged about 45 years and (3) Dr.Kavitha Lakshmi, daughter of Late Dr.Sundaram Ponnusamy, aged about 40 years as the Legal Representatives of the deceased 1st respondent, Dr.Sundaram Ponnusamy in the above First Appeal in A.S.No.542 of 2017. For Petitioner :
Mr.S.Sabarish (In all CMPs') For Respondents 1 and 2:
Mr.A.S.Balaji (In all CMPs') For Respondents 3 to 5 :
Mr.Vignesh Raj, K.
(In all CMPs') for M/s.AAV Partners COMMON ORDER Mr.S.Sabarish, learned Counsel on record for the petitioner; Mr.A.S.Balaji, learned Counsel for the respondents 1 and 2 and Mr.Vignesh Raj, K., representing M/s.AAV Partners, learned Counsel on record for the respondents 3 to 5 are before this Court. Page No.3 of 5
2.Learned Counsel for the respondents have expressed no objection to allow these petitions.
3.This Court has perused the affidavits filed in support of these Civil Miscellaneous Petitions.
4.The first respondent namely Dr.Sundaram Ponnusamy passed away on March 7, 2019 leaving behind the respondent Nos.3 to 5 / proposed respondents as his legal heirs / legal representatives. 5.Being satisfied with the reasons stated in the accompanying affidavits, all these Civil Miscellaneous Petitions are allowed. 6.Registry is directed to carry out necessary amendments in the main Appeal Suit and list the matter on 21.08.2025. 01.08.2025 (1/2) Index : Yes / No Speaking Order : Yes / No : Yes / No TK Page No.4 of 5
R.SAKTHIVEL, J.
TK 01.08.2025 (1/2) Page No.5 of 5